15 November 2024 - Special Public Notice Regulatory Program Workshop

PURPOSE OF PUBLIC NOTICE: To inform you of that the U.S Army Corps of Engineers, Galveston District (Corps) is hosting a Workshop on the Regulatory program for all interested parties.

AGENDA: Workshop topics will include: 1) Welcome and Opening Remarks; 2) State of the Regulatory Program (Changes to budget and program); 3) Hot topics including Special Public Notices – Programmatic Emphasis on Permit Applications (AJD), Jurisdictional Determinations (JDs) and JD Request Form, Pipeline Template, Mitigation Bank HQ Memo and SWG Mitigation Bank Templates; 4) Jurisdiction and JDs, Techniques we are using for JDs, an interpretation of the pre-2015 post Sackett, useful information to collect during the delineation site visit to help us determine a CSC, requirements for us to accept a delineation; 5) Special Public Notice – NWP GC18, in relation to ESA consultation, differences between FWS/NMFS consultation, lessons learned and good practices, tools and programmatic efforts; 6) Endangered Species, new species/habitat concerns, BA – what the service wants to see in detail for different projects.; and 7) Section 408, challenges, coordination requirements; 8) Regulatory Division Remarks; 9) Open Discussion, Q/A, Networking.

The link to the PN is listed here.

7 November 2024 - The USACE Antecedent Precipitation Tool (APT) is Operational

NOAA’s National Centers for Environmental Information (NCEI), headquartered in Asheville, NC, has restored service to its data center following the impacts from Hurricane Helene.

The USACE Antecedent Precipitation Tool (APT), which relies on the NOAA data, is once again operational. USACE HQ is adding an announcement to our HQ webpage to make the public aware that APT service has been restored.

There may be some intermittent downtime as NOAA continues to restore and improve service. The APT Team is aware of this issue and therefore there is no need to submit additional error reports to the APT Team.

Practitioners may also check the following webpage for updates from NOAA: https://www.noaa.gov/news-release/latest-on-hurricane-helenes-impacts-on-noaas-national-centers-for-environmental-information .

Our thoughts continue to be with the people across the region and all of those who will deal with disruptions in their community for a long time.

28 October 2024 - Notice of Availability of the Regional Streamflow Duration Assessment Methods of the Arid West, Western Mountains, and Great Plains

View Public Notice

On 28 October 2024, The U.S. Army Corps of Engineers (Corps) Albuquerque, Chicago, Detroit, Fort Worth, Galveston, Kansas City, Los Angeles, Omaha, Rock Island, Sacramento, San Francisco, St. Louis, St. Paul, and Tulsa Districts, and the U.S. Environmental Protection Agency (EPA), Regions 5, 6, 7, 8, and 9 jointly announce the availability of the Regional Streamflow Duration Assessment Methods (Regional SDAMs) for the Arid West, Western Mountains and Great Plains. The methods are rapid assessment tools for distinguishing between ephemeral, intermittent, and perennial streamflow at the reach scale for the Arid West, Western Mountains and Great Plains regions.

9 October 2024 - The USACE Antecedent Precipitation Tool (APT) is Temporarily Down

NOAA’s National Centers for Environmental Information (NCEI), headquartered in Asheville, NC, has been affected by Hurricane Helene. The NCEI data center is currently shut down. NOAA NCEI’s network service provider is also currently down, and at this point, there is no definitive timeline for when it will be fully operational. Because NOAA’s precipitation data are not currently available, the USACE Antecedent Precipitation Tool (APT), which relies on the NOAA data, is not currently operational. The APT Team is aware of this issue and therefore there is no need to submit additional error reports to the APT Team.

There is currently no anticipated timeline for getting NOAA’s servers back up-and-running, and there are no alternative data sources to fill the data gaps that would provide an immediate restoration of the APT. However, practitioners may use the manual procedures described in Chapter 5 of the Regional Supplements to the Corps of Engineers Wetland Delineation Manual and Chapter 19 of NRCS’ Engineering Field Handbook.

USACE will continue to monitor and coordinate with NOAA. Practitioners may also check the following webpage for updates from NOAA: https://www.noaa.gov/news-release/latest-on-hurricane-helenes-impacts-on-noaas-national-centers-for-environmental-information

15 May 2024 - Permit Applications Can Now Be Submitted  Via RRS!

USACE is pleased to announce that the new national online application portal and management platform, known as the Regulatory Request System (RRS) now includes an electronic submission option for permit applications. This platform has been introduced to modernize our permit application process and to address our users' expectations by providing a straightforward and transparent process for the submittal of permit requests.

RRS is a web-based platform currently in a beta version that enables users to submit pre-application meeting requests, jurisdictional determination requests, and now applications for individual and general permits. This new system aims to streamline the process, improve efficiency, and provide a more user-friendly experience for our applicants.

We believe that RRS will not only benefit our users by simplifying the application process but will also enhance our ability to effectively manage and review permit requests. We are confident that this modernization initiative will lead to improved customer satisfaction and greater overall efficiency within our Regulatory Program.

We encourage users to explore and utilize the new Regulatory Request System to take advantage of its benefits and features. Watch this 90 second promo for detials: https://youtu.be/qY-PPNw5Wic?si=WGgya0RE9nCt8h0G and visit rrs.usace.army.mil today!

For additional information on or to provide feedback on RRS, please contact us using the following email: rrs@usace.army.mil.

22 March 2024 – Special Public Notice SWG-2019-00067 Port of Corpus Christi Channel Deepening Project Final Environmental Impact Statement (EIS)

The notice of availability for the Corpus Christi Channel Deepening Project Final Environmental Impact Statement (EIS) was published by the Corps in the Federal Register on March 22, 2024. The Corps will execute a final decision regarding the proposed action and complete a Record of Decision no sooner than 30 days (April 21, 2024) following publication of the Notice of Availability of the Final EIS. The Final EIS is available for public review beginning on March 22, 2024. The Final EIS is accessible at the Corps’ Project webpage. 

Comments may be submitted during the entire 30-day review period and will be reviewed and incorporated into the administrative record prior to the Corps’ finalization of the procedure.

13 February 2024 - Final 2022 National Wetland Plant List is Available

The U.S. Army Corps of Engineers, as part of an interagency effort with the U.S. Environmental Protection Agency, the U.S. Fish and Wildlife Service, and the U.S. Department of Agriculture Natural Resources Conservation Service, is announcing the availability of the final 2022 National Wetland Plant List (NWPL). The Federal Register Notice for the 2022 NWPL update can be found here: https://www.govinfo.gov/content/pkg/FR-2024-02-13/pdf/2024-02903.pdf.

The NWPL provides plant species wetland indicator status ratings, which are used in determining whether the hydrophytic vegetation factor is met when conducting wetland delineations under the Clean Water Act and wetland determinations under the Wetland Conservation Provisions of the Food Security Act. Other applications of the NWPL include wetland restoration, establishment, and enhancement projects. The list is effective as of 13 February 2024 and will be used in any wetland delineations performed after this date.

Completed wetland delineation/determination forms should reference the version of the NWPL used to complete the form. The final NWPL is available at https://wetland-plants.sec.usace.army.mil/ (preferred browsers are Chrome and Firefox). Please note that while the web address for the NWPL website has not changed with this update, the website itself has undergone updates to enhance the utility of the NWPL.

Updated versions of the Automated Wetland Determination Data Sheets (ADS), which reflect revisions to the NWPL, can be found at the following link: https://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-and-Permits/reg_supp/ within the “General Information” dropdown.  More info regarding the ADS and its utility in wetland delineation can be found at the following link: https://www.usace.army.mil/Media/Announcements/Article/2989646/5-april-2022-army-corps-of-engineers-announces-the-release-of-automated-wetland/.

31 January 2024 - USACE launches new Regulatory Request System

USACE announces the launch of its new Regulatory Request System (RRS). RRS is designed to make the review of permit requests a transparent and efficient process for the public. RRS, currently in a beta version, provides general information on the Regulatory Program and allows the public to submit pre-application meeting requests and jurisdictional determination requests.

Additional capability is scheduled in Spring 2024. This added capability will allow users the ability to electronically submit individual and general permit applications and other necessary information, saving time and reducing the need for paper-based submissions.

RRS will streamline the permit application process and underscores USACE commitment to modernizing our application process, meeting user expectations, and providing a transparent, straightforward process for the timely review of permit requests.

Stay tuned for further updates on the full release of the RRS. Please click on the Please click on the following link to access RRS: https://rrs.usace.army.mil/

6 December 2023 - 2023 Rule "Revised Definition of 'Waters of the United States'" Training Presentations

On August 29, 2023, the U.S. Environmental Protection Agency (EPA) and Department of the Army (the agencies) issued a final rule to amend the final "Revised Definition of 'Waters of the United States'" rule, published in the Federal Register on January 18, 2023. This final rule conforms the definition of "waters of the United States" to the U.S. Supreme Court's May 25, 2023, decision in the case of Sackett v. Environmental Protection Agency. Parts of the January 2023 Rule are invalid under the Supreme Court's interpretation of the Clean Water Act in the Sackett decision. Therefore, the agencies have amended key aspects of the regulatory text to conform it to the Court's decision. Read more about the conforming rule. 

Historical Regulatory Hot Topics

Important Information on the Department of the Army Permitting Process and use of Nationwide Permits in the San Jacinto Waste Pits

Updated Jurisdictional Delineation GPS Procedures

To improve the customer service experience, the Regulatory Division has now established a Regulatory Hotline at 409-766-3869

Dear Applicant,

Many proposed activities located near waters of the United States, including wetland areas, require a signed Department of the Army permit prior to the initiation of the project. To facilitate obtaining the necessary pemit, an application form and instruction sheets, with sample project plans, are found below. These materials outline the required submittals to our office and are provided for your use.

We have also included information regarding state approval of your proposal. Please note that the State of Texas has separate requirements for "structures" placed on or over submerged public lands. Should you have any questions regarding these requirements, please contact the appropriate state office directly.

The Regulatory Program has been established to protect the water resources of the United States. While considering your application for a permit, we will evaluate the probable impact of your proposed activity on the public interest, weighing the expected benefits that might be expected to accrue against reasonably foreseeable detriments. Concise project plans will certainly assists us in this evaluation. We also request, and consider, the views of other agencies, such as the Environmental Protection Agency, the National Marine Fisheries Service, the U.S. Fish and Wildlife Service, the Texas Parks and Wildlife Department, the Texas General Land Office and the Texas Commission on Environmental Quality.

The foundations for this program are laws passed by Congress, principally Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act, as amended. Within the framework of the applicable laws, it is our intention to make this program as responsive to the desires and needs of the public as possible.

To this end, we stand ready to assist you with our program in any way we can. Please do not hesitate to call the Regulatory Branch at 409-766-3869. To assist us in improving our service to you, please complete the customer service survey.

Sincerely,

Nicholas Laskowski, P.G.
Chief, Regulatory Division